Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1887-04-27

ASam Rneoos0oa N0o-0a1eoo q ~ Action
Bsoaohs - aesovor Danagea
The molten fos Q non.suit In the case Of |
Aldus Patterson ~ the city Of Lancaster
was argued q length before Judge Living.
ston on Tuesday afternoon. The reason for
the motion was that the plaintiff failed 70
produce testimony to show the liability OF
the city, - the building stone in the road
were there for q lawful purpose The court
granted the motion and directed . nou-suit 70
be entered. A rule wss granted to show
cause Why the non.suit should not %
stricken of. b. +. Eshelman and W. :.
Brown for plaintiff j. Hay Brown and City
Solicitor Carpenter for defendant
The suit of Leopold Wickenheiser vA
Josepb A, Schlegelmilch IVES next attached
for trial. This was an action 70 recover on
an account between the parties the amount
of which was agreed upon . few yeaS agS
but which the defendant failed TO pay. The
defendant did not appear, nor was he repre.
Of plaintiff for $685. J. Hay Brown for plain.
tif
The suit of Charles A. Locher, surviving
partner Of d. p. Locher 4 Son, Va Michael
Ulmap, was tried this morning. This was .
suit on promissory note given In 1851, for
S40O by Ulman TO William SaleA discounted
by the bank and placed to Sales' credit
The jury found in favor Of plaintiff for $3.50 q,
and counsel for defendant wss granted rule
to show cause why new trial should not be
had. Reynolds and McMullen for plaintiff
Nsuman and J. Hay Brown for defendant
The next case attached was Henry NJ
Mayer and Calvin Cooper, COMMITTEES OF
David NJ. Mayer, Va Tn. Fulton National
bank. The facts In the case, on the part OF
the plaintiff are substantially these: On
November l6, lSs2, Henry NJ. Forney 4 Co.
gave . check payable on November q, to
David NJ. Mayer. This check in the course
Of business came into the possession Of Levi
Sensenig, who had 1t discounted and placed
| to his credit ct the Fulton bank.
The check was not met when due
and was protested after the protest
Amos b. Hostetter, . member Of the
firm Of Forney 4 Co, called at the Fulton
bank and drew three drafts, aggregatine
some 81, 500, the proceeds Of which were to b<
appropriated to the payment Of this check
The bank, the allegation is, refused to credi
the proceeds Of the drafts on this check, anC
Sensenig then brought suit against Forne.
i & Co, and Mayer paid Sensenig the amour
Of the check, and then brought this suit
recover from the bank whatever money the,
may have collected on account Of the check
The defense was that the bank applied tn
proceeds Of the drafts TO the payment Of othe
debts owed by Forney 4 Co, and that th
bank officers were never instructed to apprt
pirate the proceeds Of the drafts to the pay
: ment OF the check In dispute
BEFORE JUDGE PATTERSON.
The suit of William Shaefier vs.. Charlie
!. Zech was attached for trial In the lower cou
room on Tuesday aftersoon. This 10 an issr
to ascertain the ownership Of certain propert
0-sA<Sr ~ NA~ e. A.
part OF the plaintiff were that pri'
to March, lss6, Henry Wambaua
and John Hahn formed Q partnership
the oottling business William Shasfier, u
plaintiff, was asked to endorse them for Us
!. the price Of pair Of mules, and he agreed
do 30, providing he was made safe ar
according to his testimony the mules were
= be his until the note was paid. On April
the firm Of Wambaugh Il Hahn becan
financially embarrassed and Wambaug
Il without consulting his partner, gave . jud
:. ment to Charles Zech, the defendant in u
, suit and on that judgment an execution "
:. issued and the mules levied upon. Sheafi
!, then came in, claimed the property and ga
:. bond and this issue was framed.
The defense was that the mules were 4
y, property Of Wambaugh d Hahn, and {
. judgment given BY Wsmbaugh for the fir
A was An honest one 1or an noneet ooDI a
that Sheaffer had no claim on the mules.
4 The jury rendered verdict in favor of
d fendank P. d. Baker for plaintiff b.
Davis and Coyle for defendsnta
4. CURRENT BUSINESS
70 Christian Msttern, city, was granted
soldiers license to peddle goods In the coun
m Of lancaster.
70 John N. Becker, Rspho, was sppoint'
-. / Guardian Of the minor child Of .J0hn
Becker, deceased, late OF Rspho township.